Wednesday, January 22, 2020


To wrap up the Driving under the Influence discussion we will be exploring the final aspects surrounding processing a Driving under the Influence call for service after the offender has already undergone Standardized Field Sobriety Test and are in custody at the jail or station area for further processing.

So in addition to the Preliminary Breath Test, there is the actual state certified Breathalyzer that must be utilized if a warrant for the offenders blood is not obtained. When it comes to the state certified Breathalyzer it is always managed by certified technicians and can only be utilized by said technicians. 

The state(s) have mandated that before an offender’s Blood Alcohol Content (BAC) can be tested via the utilization of the certified Breathalyzer device they have to be observed for a specified amount of time. 

During this time the technician is observing the offender for anything that could interfere with getting a valid sample of breath when utilizing the certified Breathalyzer. If something is observed the timeframe of observation is reset, if not the offender is tested and the results are documented.

If the offender refuses to follow instructions or to be tested, it is an additional charge. In most states when an individual gets a driver’s license they have given informed consent stating that if ever told to do so via Law Enforcement they would without question allow for the testing of breath via the state certified Breathalyzer. 

Upon the refusal, the offender is read documentation pertaining to their informed consent aloud, and asked again to participate in the testing. If the offender participates in the testing then it is conducted in compliance with the law, if not the offender is charged accordingly.

Once the results from the state certified Breathalyzer device is printed, it goes along with additional documentation to the Duty officer or Magistrate to be utilized in presenting probable cause that the offender was Driving under the Influence. In addition to that form, the offender is presented with a Notification of Suspension Form from the DMV and their license is confiscated. 

Once all the paperwork is completed and probable cause is determined to be valid via the Magistrate or Duty officer the offender is then processed into the jail facility and formally charged with Driving under the Influence.

At this point, the offender is in the custody of the jail, there license is suspended, there vehicle has been towed at their expense, and they have been charged with a crime that carries jail time. All of these negative aspects occurred because that offender decided to Drive under the Influence instead of finding other means of returning home.

The Driving under the Influence discussion provided a general overview of how the call for service is handled by Law Enforcement and what steps at a minimum would take place during that type of incident. 

I have arrested many people for Driving under the Influence and in my opinion it is completely avoidable, definitely in today’s society where ridesharing has ballooned and it is so easy to access alternative means of travelling instead of getting behind the wheel under the influence of something. 

People should have better sense than that and if they don’t I will definitely be there to arrest them for their mistake…

Informed Consent and the Breathalyzer…